Latest Cases

Criminal law – Proceeds of crime. The judge and the Court of Appeal of Jamaica refused the appellant Assets Recovery Agency's application for a customer information order (CIO), pursuant to ss 119 to 125 of the Jamaican Proceeds of Crime Act 2007. The Privy Council, in dismissing the Agency's appeal, held that the Court of Appeal's refusal of the CIO had been correct because the flaws in the application had meant that the statutory conditions for making the order had not been made out. However, it had been in error in its ruling on three points of general principle and the correct approach was set out. 

European Union – Rules on competition. The General Court of the European Union dismissed the application by easyjet Airline Co. Ltd (easyjet), established in Luton (United Kingdom) for annulment of Commission Decision C(2013) 2727 final rejecting the complaint lodged by easyjet against Luchthaven Schiphol NV in relation to alleged anti-competitive conduct in the airport services market. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Grundig Multimedia AG against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), confirming rejection of the applicant's application for registration of the word sign 'Pianissimo' as a Community trade mark. 

Civil procedure – Jurisdiction – Recovery of information. Court of Session: Refusing a reclaiming motion by petitioners who had asked the court to order disclosure of the identity of two users of the respondent's website who, it was averred, posted defamatory matter about them and their guest house, the court concluded that the Lord Ordinary was correct to sustain the respondents' plea of no jurisdiction, as the Scottish courts did not have jurisdiction over the respondents, a company incorporated under the law of Massachusetts who had their principal place of business there, and the clause in the respondents' terms and conditions prorogating the jurisdiction of the Massachusetts courts applied to the application. 

European Union – Consumer protection. The Court of Justice of the European Union gave a preliminary ruling on issues arising out of proceedings between Unicaja Banca SA and Caixabank SA, respectively, and certain of their customers concerning the recovery of unpaid debts arising from mortgage-loan contracts concluded between those parties in the main proceedings. 

Trade dispute – Dispute connected with terms and conditions of employment. The Privy Council allowed an appeal by Municipal Police Officers in Trinidad and Tobago who had complained that for over a decade they had been treated less favourably than Regular Police Officers, particularly in terms of remuneration. 

Copyright – Infringement. The claimant brought proceedings alleging copying of its training manual used by those who taught techniques for physical restraint. It alleged that the first defendant had infringed certain copyright works by reason of the creation of its own manual. The alleged copyright works included photographs, literary and dramatic works. The Intellectual Property Enterprise Court held, inter alia, that, on the evidence, the first defendant had not at any stage been granted a licence to copy any of the photographs and, whenever it had done so, it had infringed the claimant's copyright. However, the claimant's case regarding literary and dramatic works failed. 

Criminal law – Child sex offences. The first offender, B, was convicted of child cruelty and other sexual offences, including rape, in respect of his step-daughter. His partner, H, the girl's mother, was found to have been involved in all of the B's offending by allowing, encouraging and turning a blind eye to B's activities. The Court of Appeal, Criminal Division, allowed applications by the Attorney General pursuant to s 36 of the Criminal Justice Act 1988 and held that sentences of 12 years and five and-a-half years' imprisonment, respectively, had been unduly lenient and substituted sentences of 24 years and eight years' imprisonment. 

European Union – Intellectual property rights. The General Court of the European Union dismissed the action brought by Aic SA (Aic) against the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), relating to invalidity proceedings between ACV Manufacturing and Aic concerning a Community design owned and registered by Aic intended to be applied to 'Heat exchangers'. 

Court of Appeal – Time for appeal. The Court of Appeal, Criminal Division, considered the circumstances in which it was appropriate for the court to grant significant extensions of time when the responsibility for the delay lay with the court and the legal representatives and not with the applicant personally.